In-House Counsel

Rawls? ?original position? and the values general counsel should support

By Rees Morrison

John Rawls, one of the foremost American philosophers, urges us to think about justice from a standpoint he calls the original position. As explained in Susan Neiman?s Moral Clarity: A Guide for Grownup Idealists (Harcourt 2008) at 212, the original position asks you, ?How would you design a society if you didn?t know who you would turn out to be in it??.

A general counsel of a like philosophical bent might thoughtfully ask, ?How would I design my law department if I didn?t know who in it I would be??

Since the general counsel might be reincarnated as a file clerk, that perspective should encourage open communication, merit-based promotions and assignments of responsibility, tolerance, encouragement of everyone to develop their highest and best capabilities, equity and fairness, and supportiveness.

Would that it were true.

Full post as published by Law Department Management on August 27, 2008 (boomark / email).